05-05 Sexual Assault Flashcards
What is the Rationale?
Compliance with this procedure will ensure a sexual assault investigation is conducted in a timely and effective manner, balancing the needs of the victim with the requirements of the investigation, and the Toronto Police Service’s (Service) on–going commitment to support and assist victims of crime and members of the community.
Supervision -
Supervisory Officer attendance mandatory
Divisional Sexual Assault Investigator attendance mandatory
Officer in Charge notification mandatory at the scene of a sexual assault
Divisional Sexual Assault Investigator or Divisional Investigator notification mandatory at the scene of a sexual
assault
Sex Crimes and Professional Standards notification mandatory when suspect/accused is a member of this Service
Procedure -
The divisional sexual assault investigator, or in their absence, a divisional investigator SHALL take charge of the _______ They SHALL attend the scene, attend where the victim is located or attend any additional location deemed necessary. The_______will assume responsibility to ensure the needs of the victim are met and ensure effective management of the crime scene, including the gathering of evidence. The victim SHALL be afforded privacy and consideration.
sexual assault investigation without delay in order to conduct a preliminary investigation.
divisional sexual assault investigator
Procedure - Only the_______, the divisional sexual assault investigator, or in their absence, a divisional investigator, may request the assistance of the ______once the preliminary investigation has been conducted.
A preliminary investigation SHALL be conducted prior to contacting Sex Crimes.
Officer in Charge
Detective Operations – Sex Crimes (Sex Crimes) through the Toronto Police Operations Centre (TPOC)
Procedure - Ontario Regulation 354/04 (Major Case Management) made under the Police Services Act defines_________ as major cases. The Ontario Major Case Management Manual (OMCMM) directs that a primary investigator be assigned to manage a major case. All case documents, hard–copy and electronic, SHALL be collected and managed in accordance with the filing system set out in the OMCMM.
“sexual assaults, including sexual interference, and attempted sexual assaults, sexual exploitation and invitation to sexual touching”
Divisional Sexual Assault Investigator -
Divisional sexual assault investigators SHALL be responsible for
investigations that do not fall within the mandate of Sex Crimes. Historical familial sexual assaults, and those where the suspect is known will generally be handled by the divisional sexual assault investigators.
Divisional Sexual Assault Investigator - When investigating complaints of historical sexual assault, officers are reminded to be sensitive to the possibility that the person reporting the incident may be experiencing a wide range of______ and other symptoms of crisis or distress. These reactions may have a significant impact on the dynamics of the investigation including the________.
As with recent sexual assault investigations, the MO field in eReport SHALL be completed for historical sexual assaults.
victim anxiety reactions including symptoms of Post-Traumatic Stress Disorder (PTSD)
interview with the person who has experienced the sexual assault
Divisional Sexual Assault Investigator - A divisional sexual assault investigator SHALL be assigned as the lead investigator in all sexual assault cases except
where the victim is under sixteen (16) years of age, a child sexual abuse investigator SHALL conduct the investigation in compliance with Procedure 05–06
when the incident arises out of a intimate partner violence situation as defined in Procedure 05–04, a Intimate Partner Violence Investigator (IPVI) SHALL be assigned as the lead investigator but SHALL work in conjunction with an accredited sexual assault investigator
when the incident involves child pornography or child luring as defined in Procedure 05-24, the Internet Child Exploitation Section (ICE) SHALL be notified and will assume control over the investigation.
when the incident involves human trafficking for the purpose of exploiting persons or facilitating their exploitation for a sexual and/or forced labour purpose as defined in Procedure 05-31, the Human Trafficking Enforcement Team (HTET) SHALL be notified.
Notification and Assignment of Detective Operations – Sex Crimes - Sex Crimes SHALL be notified of any sexual assault where, it is determined:
the offender is unknown
there is ongoing risk to the community
the occurrence involves an offence under s. 272 or 273 of the CC (sexual assault with a weapon, sexual assault
causing bodily harm, wounds, maims, disfigures or endangers life)
there are multiple victims or multiple suspects
the occurrence involves multiple sexual acts, the use of restraints, bondage or wearing of a disguise by the
offender
the offender records the offence in any manner
the offender removes or keeps any personal item from the victim
the offender uses scripting by having the victim engage in prompted dialogue
the offender uses a con or ruse, including dating services and the internet, to lure the victim
the sexual assault is linked to another sexual assault occurrence
to be a criminal offence, by an unknown offender, where sexual assault appears to have been the motive
Notification and Assignment of Detective Operations – Sex Crimes - Upon conclusion of a preliminary investigation, Sex Crimes in consultation with the preliminary investigators will determine
who will take charge of an investigation, which will be based on a risk assessment.
After business hours, the on-call Sex Crimes investigator can be contacted through TPOC.
The Unit Commander – Sex Crimes may, upon conclusion of preliminary investigation, at their discretion, take charge of any sexual assault investigation.
Incidents Involving a Member of a Police Service -
Members SHALL initially consider whether the sexual assault situation being investigated may fall within the mandate of the Special Investigations Unit (SIU). If so, responding members SHALL comply with the relevant sections of Procedure 13– 16.
responding members SHALL comply with the relevant sections of Procedure 13– 16.
Incidents Involving a Member of a Police Service - All allegations arising from a sexual assault incident in which the suspect/accused is a member of another police service SHALL be
reported in a timely manner to the Duty Officer of that police service by the Unit Commander of the Service division handling the investigation, or by the Duty Senior Officer – TPOC (Duty Senior Officer).
Incidents Involving a Member of a Police Service - Sexual assault situations where the suspect/accused is a member of this Service SHALL be directly reported to
Sex Crimes who will conduct the preliminary investigation. Upon conclusion of the preliminary investigation, the Unit Commander of Sex Crimes/Duty Senior Officer or Sex Crimes investigator, SHALL notify PRS who will assume the role of case manger. Sex Crimes will assist PRS as required.
Incidents Involving a Member of a Police Service - PRS is designated as the Service liaison with other police services regarding Service member–involved sexual assault occurrences, and SHALL be responsible for
submitting a TPS 901 in compliance with the relevant procedures in Chapter 13.
Child & Youth Advocacy Centre (CYAC) - The CYAC is a section of Sex Crimes that
promotes the protection of victims; provides advocacy, treatment and ongoing support.
Child & Youth Advocacy Centre (CYAC) - The CYAC will investigate child sexual and physical abuse cases that include
physical assaults, emotional abuse, or neglect occurrences when the victim is under the age of sixteen (16) and
the suspect is a caregiver, parent or a person in a position of trust or authority
physical assaults when the victim is under the age of sixteen (16) years and the suspect is a known adult
sexual offences when the victim is under the age of eighteen (18) years, the suspect is known and the offences are not within the mandate of the Sex Crimes investigative office
occurrences entitled Child in Need of Protection or Child Left Unattended.
Police officers SHALL comply with Procedure 05–06 when investigating child sexual and physical abuse cases.
When the victim(s) is under the age of eighteen (18) years and the offender(s) is unknown contact Sex Crimes Investigative Section.
Victim Interview -
Only an accredited sexual assault investigator SHALL ______. Interviews SHALL be conducted in a ____
conduct detailed interviews with the victim
private and victim appropriate environment that provides for the safety and security of the victim.
Victim Interview -
The investigator may wish to delay the interview based on careful consideration of the _____. Where operationally possible every effort should be made to provide an interviewer of the victim’s preferred _____.
condition of the victim and the information and evidence that is already available
gender
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) -
The Scarborough Hospital (Birchmount Campus) - 3030 Birchmount Rd. 12 years and older
SickKids Hospital - 555 University Ave. under 18 years
Women’s College Hospital - 76 Grenville St. 14 years and older
Trillium Health Centre – Mississauga - Hwy 10/Queensway - any age
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) - Prior to transporting or attending the Women’s College Hospital (WCH) SA/DVCC, officers must contact the
twenty four (24) hour on-call switchboard number at 416-323-6400 and press “0”. The operator will then transfer officers to the on- call SA/DVCC nurse.
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) - WCH SA/DVCC is open twenty four (24) hours/seven (7) days per week.
Patients can access services at WCH or at one of their seven (7) mobile emergency department sites: _______ The SA/DVCC nurse can be reached by telephone and will arrange to see the victim at the above noted hospitals.
Mount Sinai, Toronto General Hospital, Toronto Western Hospital, Michael Garron Hospital, St. Joseph’s Health Centre, Sunnybrook Health Sciences Centre and St. Michael’s Hospital.
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) - There is no longer an Emergency Department at WCH. Therefore patients who require immediate medical assessment or treatment will need to be assessed by a ______. The emergency department provider will contact _______. Patients who do not require emergency department services can be transported directly to WCH.
physician at the closest emergency department
WCH when the patient is medically cleared
Sexual Assault/Domestic Violence Care Centres (SA/DVCC) - Women’s College SA/DVCC operates under the “________” and SHALL be contacted for all _____
Divisional Sexual Assault Investigator SHALL ____
Acute Mandate
sexual assault victims where the offence occurred within the previous twelve (12) days.
attend the scene, where the victim is located or any additional location deemed necessary and take charge of the investigation without delay.
CFS Evidence Web-Submission System -
All submissions to the Centre for Forensic Sciences (CFS) are now made through the_____. Service members will submit evidence forms online via the interactive web application; obtain submission approval, packaging labels and track submission status. The system requires all evidence to undergo an ______, resulting in notification of which items are approved for submission to CFS.
CFS Evidence Web-Submission System
online pre- submission review
Police Officer - The first police officer SHALL be responsible for the
safety and wellbeing of the victim, offender management, and preservation of the evidence and crime scene while awaiting the arrival of an appropriate investigator.
Police Officer - Upon arrival at the scene of a sexual assault SHALL
advise the communications operator of relevant information for broadcast such as the description of the suspect (if available), direction of travel, etc.
preserve the crime scene for physical and trace evidence and await the arrival of a divisional sexual assault investigator or Detective Operations – Forensic Identification Services (FIS) officer to take charge of the scene
conduct a preliminary investigation by obtaining from the victim
the name, address and other necessary particulars of the victim
the date, time and location of the incident
suspect identification and/or description
brief overview and/or description of occurrence
if the victim is under the age of eighteen (18) years comply with Procedure 05–06
where the victim has special needs (e.g. interpretation, sign language, physical and other disabilities, or cultural
differences) ensure the appropriate individual or agency is contacted for assistance
when interpreting services are required, contact Multilingual Community Interpreter Services (MCIS) and note the applicable details in the eReport
comply with Procedure 04–09 where MCIS is unable to assist
MCIS will provide free interpretation services to TPS during the investigation of all sexual, intimate partner violence and human trafficking related occurrences, irrespective of the age of the victim or the suspect/accused. MCIS interpreters will provide their services to all involved parties, including the accused up until the time that a formal charge has been laid, (Information has been sworn before a Justice).
Police Officer - Upon arrival at the scene of a sexual assault SHALL (2)
advise the victim that a detailed statement will be obtained by a sexual assault investigator
request that a supervisory officer attend the scene
notify the Officer in Charge of all pertinent details
complete notification section in eReport
except where physical injuries warrant immediate transfer to the nearest hospital, consult with the divisional sexual assault investigator, or in their absence, a divisional investigator to determine whether the circumstances of the sexual assault dictate that the victim be transported to a SA/DVCC
An oral swab from the victim’s mouth and swabs from any area touched by the offender should be considered.
be guided by the Centre for Forensic Sciences (CFS) Police Submission Guidelines for the Sexual Assault Examination Kit (SAEK) (Appendix B)
where a report is made within seventy two (72) hours to twelve (12) days of the incident, SHALL advise the victim of the importance of attending a hospital with a SA/DVCC for the purposes of a medical evaluation, as well as the gathering of potential forensic evidence
Consider potential to gather forensic evidence up to twelve (12) days of the incident, if suspected penile penetration of vagina.
Police Officer - Upon arrival at the scene of a sexual assault SHALL (3)
where a report is made after twelve (12) days of the incident, encourage the victim to seek medical attention for the purpose of personal safety and security
if transportation by ambulance is not necessary, consider the use of an unmarked vehicle when transporting the victim to a SA/DVCC
to reduce the necessity for the victim to recount the incident, accompany the victim to the treatment facility, and where operationally possible, wait for the victim until the completion of the medical examination at the SA/DVCC
request the victim postpone voiding whenever possible until after the medical examination, but if voiding is necessary advise the victim to avoid wiping the genital area or to save the tissue for later submission with the sexual assault kit
advise the victim not to bathe or change their clothes until after the medial examination. If clothes are to be changed, ensure clothes are seized for later submission with the sexual assault kit
arrange for the victim to obtain a change of clothing
Consider penile swab, incident to arrest, in consultation with divisional sexual assault
investigator.
comply with Procedure 17–01 at the direction of the assigned investigator
Police Officer - Upon receiving sufficient information SHALL
If known, conduct a Person Query, including a CPIC and Canadian Firearms Registry On-Line (CFRO) check
determine if the suspect/accused owns, possesses or has access to weapons, firearms, ammunition, explosives or the related authorizations, licences, certificates or permits and comply with Procedure 05–21
consider using the search and seizure provisions contained in s. 117 CC to minimize any subsequent risk to the victim
obtain the type of information contained in Chapter 5, Appendix A to help determine whether REASONABLE GROUNDS exist to BELIEVE there is a threat to safety
complete the applicable eReports, including
the applicable MO Detail page
applicable details of the victim interview
the attendance or reason for non–attendance of the supervisory officer
the information contained in Chapter 5, Appendix A
not make any comments in the report on the validity or truth of the complaint
notification of supervisors and divisional sexual assault investigators
A Firearms Interest Police (FIP) entry will be auto-generated from the eReport entry and uploaded to CPIC. The FIP database in CPIC flags an individual applying for a firearms licence who has committed, or threatened to commit, an act of violence. Such a flag is not an automatic refusal to issue a licence, but assists in the initial screening process or subsequent review by a Chief Firearms Officer.
if the situation varies from the original event type and does not require any further investigation
‒ obtain a divisional supervisory officer’s badge number and approval to change the event type
‒ request the communications operator to change the event type to reflect the true situation
scan and attach all memorandum book notes and hardcopy reports to the original eReport
where violence or injury has occurred, the suspect can be identified, or an accurate suspect description is
available, select Yes for the BOLO option when completing the suspect Entities page
Records Management Services – Operations will create and post a BOLO.
Police Officer - Details of the preliminary investigation SHALL be recorded in the memorandum book, including
results of the preliminary interview of the victim including
description of the suspect(s)
complaints of injury
any visible injuries
results of the preliminary contact with the suspect including
all spontaneous statements (comply with Procedure 04–32)
condition of clothing
signs of a struggle (injuries)
signs of drug or alcohol use
Police Officer - Where the suspect is apprehended SHALL comply with the applicable procedures in
Chapter 1 and Chapter 12.
Police Officer - When directed by a divisional sexual assault investigator or Sex Crimes sexual assault investigator SHALL collect the
SAEK.
Supervisory Officer -
The first supervisory officer SHALL be responsible for
the quality and thoroughness of the uniform response.
Supervisory Officer - Upon being notified of a sexual assault SHALL
attend at the scene of the offence, where the victim is located or any additional location deemed necessary
If victim attends the hospital, ensure first responding officer accompanies the victim.
ensure sufficient resources are assigned and all necessary action has been taken by responding uniform officers
record their attendance or reason for non–attendance in their memorandum book and the original eReport
ensure the applicable eReports are completed
ensure all memorandum book notes and hardcopy reports are scanned and attached to the original eReport
Supervisory Officer - When the suspect/accused or victim is a member of this Service SHALL
attend the scene
advise the Officer in Charge of the circumstances
notify
Sex Crimes
Duty Senior Officer
document the circumstances in the memorandum book, including if no arrest was made, why no arrest was made/charge laid, when applicable
ensure the victim is offered the assistance of the EFAP, Victim Services Toronto, and other community agencies
advise the victim that they will be contacted by PRS
Supervisory Officer - When the suspect/accused is a member of another police service SHALL
attend the scene
advise the Officer in Charge of the circumstances
notify Duty Senior Officer
document all the circumstances in the memorandum book, including if no arrest was made, why no arrest was made/charge laid, when applicable
ensure that the victim is offered the assistance of Victim Services Toronto and other community agencies
Divisional Sexual Assault Investigator -
The divisional sexual assault investigator, or in their absence, a divisional investigator SHALL be responsible
for ensuring the needs of the victim are met and effective management of the crime scene. This includes the gathering of evidence and ensuring a thorough and comprehensive preliminary investigation is conducted prior to contacting Sex Crimes.
Divisional Sexual Assault Investigator - Upon being notified of a sexual assault SHALL
attend at the scene, where the victim is located or any additional location deemed necessary and take charge of the investigation without delay
consult with the police officer conducting the preliminary investigation to determine whether the circumstances of the sexual assault dictate that the victim be transported to a SA/DVCC, and be guided by the reporting procedures on page 7
The investigator may still consider encouraging the victim to attend the SA/DVCC for the purposes of medical treatment even if beyond twelve (12) days of the incident.
request the attendance of an investigator from FIS
comply with Procedure 04–21 in the gathering and preserving of evidence
offer the victim the option of having a person of his/her choice or a member of Victim Services present for support
document the offering of Victim Services and the victim’s response
advise both the victim and any support person present that the latter
may be asked to leave if the victim so desires
must not interfere in the investigation
may be required to testify in court
consult with the attending doctor or SA/DVCC nurse
prior to the seizure of a SAEK, ensure the victim is advised and fully understands the legal implications of signing the Consent to Release Forensic Evidence to Police Form, and record in their memorandum or case book and eReport the date, time and location this explanation was provided to the victim
ensure all appropriate forensic evidence is collected and forms completed, including the Sexual Assault History Form, Forensic Evidence Form and the General Examination Form
when a victim attends a SA/DVCC to have an examination but chooses not to report the assault to police or proceed with charges, determine and note the present SA/DVCC policy on storage duration of the SAEK in order to fully inform the victim of the length of time the SAEK will be stored
ensure the SAEK and all related documents are collected from the SA/DVCC as soon as possible after the Consent to Release Forensic Evidence to Police Form has been signed by the victim
complete and comply with the instructions on the back of the TPS 212 if the specific medical or treatment records of a victim (resulting from the sexual assault being reported) will assist the investigation
refer to Appendix A if other medical/personal records (Third Party Records) of the victim may exist and may be subject to disclosure/subpoena
conduct a detailed electronically recorded interview with the victim/witness in compliance with Procedure 04–32. When deemed appropriate an investigator may consider administering a sworn statement
When conducting an interview with the victim/witness, use MCIS when required.
offer the victim the option of a male or female sexual assault investigator for the purposes of the interview where operationally possible
ensure the victim has transportation from the hospital to their home, a place of safety or a police facility
arrange for photographs of the victim at the appropriate time
advise FIS prior to the victim’s attendance if a photographer of the same gender is required
consider and exercise all powers of search and seizure, with and without warrant, relating to weapons, firearms, ammunition, explosives or related authorizations, licences, certificates or permits
consider contacting all persons known to police who may provide the accused access to firearms or related
authorizations, licences, certificates or permits
notify Organized Crime Enforcement – Integrated Gun & Gang Task Force when firearms are or may be a factor
comply with Procedure 05–21, if applicable
consider contacting the Polygraph Section of Sex Crimes for the purposes of conducting a forensic polygraph test on all persons-of-interest or suspects involved in the sexual assault investigation (comply with Procedure 04–22)
Divisional Sexual Assault Investigator - Where any evidence, not including the SAEK, is seized SHALL
comply with Procedure 04–21 and ensure
an entry is made on the original eReport
the applicable property report is completed and submitted
the eReport number is noted on the TPS 400
ensure it is properly packaged and labelled in compliance with the applicable procedures in Chapter 9
comply with Procedures 08–06 and 08–07 when dealing with evidence that poses a biohazard
FIS is available to advise investigators on the handling, drying and storage of evidence that poses a biohazard.
ensure property submitted to FIS is retrieved in a timely fashion, if necessary
Divisional Sexual Assault Investigator - Where a SAEK is seized SHALL
ensure the officer transporting the SAEK delivers to FIS for triage and drying in accordance with the CFS
Guidelines contained in the Handbook of Forensic Evidence for the Investigator and the FIS unit specific policies
Members of FIS will assist in the completion of the CFS submission using the CFS Evidence Web-Submission System and deliver any SAEK to CFS after appropriate air-drying of samples.
consult with the CFS Sexual Assault Advisor for any submissions outside of those contained in a SAEK
ensure the results of the analysis by CFS are recorded as supplementary information to the original eReport
ensure samples from the SAEK and other appropriate forensic evidence are not destroyed prior to the conclusion of the case and appeal period
Divisional Sexual Assault Investigator - Where it is determined that the victim recently had consensual sexual intercourse SHALL arrange to
obtain saliva or blood samples from the partner for the purpose of direct comparisons.
Divisional Sexual Assault Investigator - Where a warning to a community or an individual is deemed necessary SHALL ensure the release of
information is in compliance with Procedures 17–01 and 17–04.
Divisional Sexual Assault Investigator - Complete and submit a ______ Consider a ViCLAS submission for ‘_____’ occurrences where sufficient information has been obtained.
ViCLAS report in compliance with Procedure 05–19.
Potential Sex Offender
Divisional Sexual Assault Investigator - SHALL consider the use of the ______ for investigative support.
Sex Crimes – Behavioural Assessment Section
Divisional Sexual Assault Investigator - When charges are laid as a result of an investigation SHALL
The Supreme Court of Canada has ruled obtaining a penile swab incident to arrest, where REASONABLE GROUNDS exist and if conducted in a reasonable manner, would not constitute a charter breach, and would therefore be lawful as a search incident to arrest. When an arrest is made consider contacting FIS to obtain a penile swab from accused.
comply with the applicable procedures in Chapter 12
complete and serve the accused with a copy of the OSOR Form 5
complete and swear to the Affidavit of Service on the reverse of the OSOR Form 5, place a copy in the crown
envelope and forward the original to the Sex Offender Registry Enforcement Unit (SOREU) via interdepartmental mail
conduct inquiries into the offender, family members, or any other person who may reasonably provide information whether firearms, ammunition or related licences, authorizations, certificates, permits are available to the offender
consider applying for a prohibition order or seeking a revocation where REASONABLE GROUNDS exist to BELIEVE it is not desirable in the interests of safety for the accused to possess weapons
Divisional Sexual Assault Investigator - Through investigation, where the complaint is determined to be unfounded SHALL
consult with the detective sergeant and note the date and time of the consultation in their memorandum or case book
add all relevant details of the consultation as supplementary information to the original eReport
ensure the eReport is completed and status updated to unfounded
Divisional Sexual Assault Investigator - In order to ensure ongoing communication with the victim SHALL
provide the victim with the case manager’s name, rank, badge number and contact information
in the absence of the case manager, advise the victim to contact the detective sergeant
ensure consistent and regular contact is maintained with the victim throughout the investigative and legal process
ensure the victim is aware of the court’s expectations of a witness and the services available through
victim/witness support agencies
ensure the victim is advised in a timely manner of developments or changes of status including bail conditions, court dates or dispositions
encourage the victim to complete a Victim Impact Statement at the appropriate stage of the court process in compliance with Procedure 04–24
maintain a chronological record of contacts with the victim on a TPS 262
the primary case manager/investigator SHALL maintain carriage of the case until the conclusion of the case
Divisional Sexual Assault Investigator - Once property is no longer required for evidentiary or investigative reasons, the case manager SHALL
update the Property Disposition Inquiry (PDI) application on the TPS Network.
Divisional Sexual Assault Investigator - Wherever possible, the case manager will continue the investigation to its conclusion or will ensure an orderly transition for the
victim between investigators due to transfer or reassignment.
The divisional sexual assault investigator SHALL complete a TPS 309 Divisional Sexual Assault Audit for their Detective Sergeant and scan the TPS 309 into the eReport – Administrative Not for Disclosure.
In cases involving child abuse ensure compliance with Procedure 05-06 and:
Where an arrest occurs from a joint investigation, in addition to your notification responsibilities to the complainant or victim, SHALL provide the CAS counterpart with a scanned copy of the Undertaking to an OIC, Recognizance of Bail or Probation Order which outlines the bail status and conditions. Also, advise the CAS counterpart to be aware that conditions can be varied at subsequent court appearances.
The only exception to providing a copy to CAS would be in the case of the accused being a young person. That youth record SHALL not be shared.
Investigator – Detective Operations – Sex Crimes -
When notified of a sexual assault SHALL consult with the _______, or in their absence, a divisional investigator, and SHALL determine whether ______ will take charge of the investigation.
divisional sexual assault investigator, Sex Crimes
Investigator – Detective Operations – Sex Crimes - Upon determining that Sex Crimes will take carriage of the investigation, in addition to the duties outlined for the divisional sexual assault investigator SHALL
liaise with the Officer in Charge or Unit Commander to ensure adequate resources have been deployed
offer advice, assistance and follow-up investigation, as required
Investigator – Detective Operations – Sex Crimes - Upon becoming aware of occurrences produced by divisional members that are incomplete or inappropriate in their
content SHALL
notify the Unit Commander – Sex Crimes or designate.
Major Case Manager – Detective Operations – Sex Crimes - An officer from Sex Crimes SHALL be designated the _______ to undertake the functions and responsibilities directed by the OMCMM.
Major Case Manager
Major Case Manager – Detective Operations – Sex Crimes - When a sexual assault investigation is designated as a major case SHALL
take charge of the investigation and comply with the OMCMM
designate a Primary Investigator, if necessary
Officer in Charge -
The Officer in Charge is responsible for ensuring an
appropriate uniform response, and in the absence of the detective sergeant, an appropriate investigative response.
Officer in Charge - Upon receiving information concerning a sexual assault SHALL
ensure the attendance of a
divisional sexual assault investigator from the unit, or if unavailable
divisional sexual assault investigator from another unit, or if unavailable
divisional investigator from the unit or another unit
ensure a supervisory officer attends at the scene of the offence, where the victim is located or any additional location deemed necessary
ensure a preliminary investigation has been commenced by a divisional sexual assault investigator or a divisional investigator before contacting Sex Crimes
ensure the particulars are recorded in the Unit Commanders Morning Report (UCMR), as required
Officer in Charge - Upon receiving a sexual assault report or any other report that appears to be sexually motivated SHALL
review the report and any related property reports for completeness, accuracy and appropriate language
ensure incorrect, incomplete or inappropriate occurrences or reports are corrected by the author
ensure all memorandum book notes and hardcopy reports are scanned and attached to the original eReport
ensure Sex Crimes is notified
Officer in Charge - At the time of booking a prisoner, and before considering release, SHALL ensure
all reasonable inquiries have been made into the possession by an accused of weapons, firearms, ammunition, explosives, authorizations, licences, permits, certificates, Firearms Acquisition Certificate, etc.
such items are surrendered before release to enhance the safety of the victim
Officer in Charge - Where a Service member is a suspect/accused SHALL
notify the Unit Commander of Sex Crimes, or if absent, the Duty Senior Officer of the circumstances surrounding the incident
comply with Procedure 13–08 or 13–10 when considering suspending the member
ensure the assistance of the EFAP, Victim Services Toronto and other community agencies are offered to the victim
Officer in Charge - Where a member of another police service is a suspect/accused SHALL notify
their Unit Commander, or if absent, the Duty Officer of the circumstances.
Detective Sergeant -
Detective sergeants are responsible for ensuring an
appropriate investigative response, and are accountable for ensuring that a thorough and comprehensive investigation is conducted by accredited sexual assault investigators.
Detective Sergeant - When in charge of a divisional detective office SHALL
ensure all sexual assault investigations are conducted by accredited sexual assault investigators
wherever possible, ensure sexual assault case managers who are transferred or assigned to different duties within the Service retain control of the investigations to its conclusion, including contact with the victim or will ensure an orderly transition of the victim between investigators
ensure sexual assault investigators are deployed in a manner which maximizes their availability
ensure the follow–up investigation of a sexual assault is thorough and undertaken promptly
answer any victim inquiries when the case manager is unavailable
ensure a periodic review is conducted of the chronological record of contacts with the victim as recorded on the TPS 262 by the assigned sexual assault investigator
review the report for completeness and ensure all incorrect, incomplete or inappropriate occurrences or reports are corrected by the submitting officer
SHALL complete a TPS 309 Divisional Sexual Assault Audit for the Unit Commander.
Detective Sergeant - Through investigation, where the complaint is determined to be unfounded SHALL consult with the case manager and ensure
all pertinent details are entered in the memorandum or case book
all relevant details of the consultation are entered as supplementary information to the original eReport
ensure the eReport is completed and status updated to unfounded
ensure continuing reviews are conducted on all sexual assault investigations for completeness and appropriate
language and the details of this review are entered as supplementary information to the original eReport, and
ensure any deficiencies are promptly dealt with and an appropriate notation is made in their memorandum book
a ViCLAS submission is completed as prescribed by Procedure 05–19
Unit Commander / Duty Senior Officer – Toronto Police Operations Centre -
The Unit Commander, or in their absence, the ______ SHALL be responsible for ensuring all proper notifications are made when a member of a police service is a suspect or an accused.
Duty Senior Officer
Unit Commander / Duty Senior Officer – Toronto Police Operations Centre - When notified a member of this Service is a suspect/accused SHALL
immediately advise Sex Crimes and PRS of the circumstances
for a matter involving a police officer, ensure compliance with Chapter 13 regarding conduct complaints
for all members, comply with Procedure 13–08 or 13–10 when considering suspension
ensure the assistance of the EFAP, Victim Services Toronto and other community agencies are offered to the victim
where appropriate or requested, ensure appropriate arrangements are made in the workplace to ensure there is no direct contact between the victim and the suspect/accused
Unit Commander / Duty Senior Officer – Toronto Police Operations Centre - When notified a member of another police service is a suspect/accused SHALL ensure
the Duty Officer of their service is contacted as soon as practicable
information is provided about the matter including
details of the incident
condition and status of the victim
charges laid, if applicable
whether bail is being opposed
date, time and location of the first court appearance, if applicable
Definitions - Divisional Investigator
means an officer assigned to a divisional detective office. In reference to sexual assault investigations means an officer assigned to a divisional investigative unit who is not accredited to investigate complaints of sexual assault.
Definitions - Divisional Sexual Assault Investigator
means an officer assigned to a divisional investigative unit who is accredited to investigate complaints of sexual assault.
Definitions - Primary Investigator
means the investigator assigned by the Major Case Manager in every threshold major case investigation to perform the functions and responsibilities of the primary investigation function. The Primary Investigator SHALL have the knowledge, skills, and abilities to perform the function; SHALL have successfully completed the Ontario Major Case Management Course or equivalent, as defined by the Ontario Police College.
(Source: Ontario Major Case Management Manual)
Definitions - Sex Crimes Investigator
means an accredited sexual assault investigator assigned to Detective Operations – Sex Crimes (Sex Crimes).
Definitions - Sexual Assault
means the offence as defined by the Criminal Code.
Definitions - Sexual Assault / Domestic Violence Care Centre (SA/DVCC)
means a medical care centre designated for the treatment and examination of victims of sexual assault.
Definitions - Supervisory Officer
means a police officer assigned to oversee other members, either temporarily or permanently.
Definitions - Trafficking in Persons
means the offence committed by a person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation (also known as Human Trafficking).
Definitions - Violent Crime Linkage Analysis System (ViCLAS)
means the national database operated by the Royal Canadian Mounted Police (RCMP) for the purpose of linking occurrences of designated offences across Canada.
